Case Study- The Murder Of Ghosts- RAM BAHADUR THAPA CASE 1958

THE MURDER OF GHOSTS- RAM BAHADUR THAPA CASE 1958

Introduction

Since the beginning of life on Earth, it has always been contradicted what is real and what is not. Since many things are left undiscovered and not many humans know how to react to the spiritual beings, they end up believing in presence of “ghosts”. One such belief led Ram Bahadur Thapa to be charged under the sections 302, 324, and 326 IPC. So, let’s explore through this case study, what happened in reality.

List of Pocket Witnesses (P.W.)

1. Chandra Majhi (P.W. 11)

2. Dibakar (P.W. 22)

3. Govind (P.W. 23)

4. Krishna Chandra Patro (P.W. 26)

5. Saunri Majhiani (P.W. 27)

6. Ganga Majhiani (P.W. 28)

7. Jagat Bandhu Chatterji (P.W. 29)

Ram Bahadur Thapa- Respondent

Outline of the case

Rasgovindpur, a village in Balasore district, is a village with an abandoned aerodrome which had a huge amount of valuable aero scrape. There were two chaukidars named Dibakar (P.W. 22) and Govind (P.W. 23) to look after at the aero scrape and restricting any kind of unauthorized persons.

Jagat Bandhu Chatterjee (P.W. 29) was one from the firm of Chatterji Brothers, Calcutta who came to Rasgovidpur with his servant Ram Bahadur Thapa (Respondent) who was Nepali by origin. They came to the village to purchase aero scrapes.

Jagat and Ram stayed at the residence of Krishna Chandra Patro (P.W. 26) who had a tea stall at Rasgovindpur.

There were many adivasi villages near and around the aerodrome and was mostly inhabited by Santals and Majhis. These adivasi people and others living around the aerodrome believed strongly in the presence of ghosts and the abandoned aerodrome also was known for the infestations of ghosts.

Many footpath cuttings were seen near the aerodrome area but due to the fear of ghosts, adivasis did not venture in the area at the night alone.

Incident

On 20th May 1958, Chandra Majhi(P.W. 11), who was the resident of Telkundi village, went to the tea stall of Krishna Chandra Patro (P.W. 26) in Rasgovidpur at 9 pm. Since he was afraid of the ghosts, he decided to take shelter at Krishna’s residence. Jagat and Ram, on the other hand, were anxious to experience the presence of ghosts and they decided to visit the areas. They then woke up Krishna in the mid night and convinced him to accompany them. They also woke up Chandra and assured to escort him to his village Telkundi safely. They dropped Chandra to his village and started to return by footpath across the aerodrome. While returning, near camp IV, they noticed a flickering of light from a distance of about 400 cubits from their pathway. The weather was so that the wind was blowing heavily and it made the impression of flickering lights scarier. Jagat, Ram and Krishna thought that it is not something very usual and had the impression of ghosts ('will-o' the wisp’- meaning whispering witches). They felt some movements around the flickering lights and they all ran towards it.

Ram ran and reached the spot first. He, with his “Khurki” immediately began to attack the ghosts indiscriminately. Krishna arrived some time later but Ram did not notice him. One of the blows of his khurki hit Krishna also and Krishna started screaming aloud that he was hit badly by Ram. In the meantime, others also started crying and screaming in distress. Ram soon realised that the impression of ghosts were originally “human beings” and straight away stopped attacking. They saw that they were female Majhis of the locality who were collected under a 'Mohua' tree. They carried hurricane lantern with them so as to gather “Mohua” flowers at that time of the night.

Evidences

 The females who were attacked by Ram were identified later and they are as follows:

1. Gelhi Majhiani – killed in the “khurki” attack

2. Ganga Majhiani (P.W. 28) - grievously injured

3. Saunri Majhiani (P.W. 27) - grievously injured

 In addition, Krishna Chandra Patro was also injured.

Sections imposed on respondent

1. Section 302 I.P.C. for the murder of Gelhi Majhiani.

2. Section 326 I.P.C. for having caused grievous hurt to P.Ws. 27 and 28.

3. Section 324 I.P.C. for having caused hurt to Krishna Chandra Patro (P.W. 26)

It was urged by the defendant party that the respondent did not act with “due care and attention" which should plead him guilty under S. 304A, I.P.C but the plea was rejected.

In the court it was said that the case is not for prosecution and that the respondent had no criminal intentions towards the victims. It was fairly granted by the learned Standing counsel that the respondent attacked the victims in an impression of them being ghosts and not humans.

It was stated by the respondent that he was a firm believer of ghosts and that the aerodrome had this notoriety as being haunted by ghosts on Tuesdays and Saturdays. He thus created a certainty that on the night of their visit, they might encounter some ghost presence.

The learned Sessions Judge held that the respondent committed the said acts, under a bona fide mistake of fact, thinking that he was attacking ghosts and not human beings. The Sessions Judge acquitted Ram relying on Section 79 I.P.C.

Verdict

Ram bahadur Thapa had the burden of proof. He, with all his wrath and belief proved his innocence. It would be reasonably inferred that he believed, in good faith, that he was attacking a ghost and not a human being and under section 79 I.P.C. he was pleaded “not guilty” by the High Court.